Applying for North Carolina Social Security Benefits

Applying for North Carolina Social Security Benefits

Before getting started, applicants for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) should know that it likely will not be a quick process.  It takes an average of three to five months to get an answer about an initial application. Only about one-third of applications are approved at this stage. If a case progressed to the hearing stage (the second level of appeal) it takes, on average, more than a year to get a hearing date.

Attorneys who are recognized by the North Carolina State Bar as a Board Certified Specialist in Social Security Disability Law may be able to help cases move through the system a lot easier because they can help applicants to gather the necessary information for the Social Security Administration (SSA) to make a decision during each stage of the process. Statistically, claimants who employ an attorney to represent them are much more likely to win than those who do not employ an attorney to represent them. (Source: National Organization of Social Security Claimants' Representatives). Attorney Rick Fleming, who heads the Social Security Department at the Law Offices of James Scott Farrin, is a North Carolina Board Certified Specialist in Social Security Disability Law.

The Law Offices of James Scott Farrin works on a contingency fee arrangement.  That is another way of saying that the attorney's fee is based on a percentage of the gross recovery.  While a case may have fees and costs associated with it, there is no hourly or flat fee charged by the firm.  Simply put, if you do not recover monetary compensation from your claim, there is no attorney's fee.  This allows the firm to bear the burden of investigating and pursuing your claim, which allows you to focus on your well-being.

The Law Offices of James Scott Farrin has helped thousands of injured North Carolinians with potential claims including Social Security, auto accidents, Workers' Compensation, personal injury and product liability. Our experienced SSD legal team might be able to help you as well. Call today for a free case review and confidential conversation with a member of our caring staff.

The four steps for applying for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) are as follows:

•    Initial Determination


In this phase, people complete an application for benefits and several different forms about their work experience, health care and education.

The initial determination will be made at a local Disability Determination Service (DDS) office. These offices are funded by the federal government to determine Social Security eligibility at the local level. There is one office that services North Carolina located in Raleigh, North Carolina.

Applicants may be eligible for expedited determination through the Presumptive Disability or Compassionate Allowance programs. This process allows people with the most severe disabilities (about 4 percent of all disability cases) to be approved, at least temporarily, in about 10 days instead of the typical three to four month process.

In 2008, only 30.5 percent of all cases nationwide were approved after the initial application with an average waiting period of 106 days (about 3.5 months).  While many of the denials were legitimate, others were due to people not completing the forms completely, accurately or compellingly. An attorney who is recognized by the North Carolina State Bar as a Board Certified Specialist in Social Security Disability Law might be able to help clients makes the strongest possible case for their disability claims.

Appeal Process for North Carolina Social Security


There are four levels of appeal available to Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) applicants who are not successful in the initial determination stage.

1)    Reconsideration


A reconsideration is a complete review of the claim by a person in the local Disability Determination Services (DDS) office who was not involved in the initial decision. All evidence presented in the initial decision, plus any new evidence, will be considered. In most cases, the applicant need not be present.  If claimants are denied because their medical condition has improved, they retain the right to meet with a Social Security representative to explain why they should still be considered disabled.

Only about 20 percent of people who were denied in the initial determination are approved during reconsideration. Again, many of the people were denied because they truly didn't qualify for Social Security assistance.  However, some disabled people were denied because they didn't include all the information necessary for an examiner to make a favorable decision — or they provided so much information that examiners missed important aspects of the claim.  An attorney who is recognized by the North Carolina State Bar as a Board Certified Specialist in Social Security Disability Law can help clients navigate this complex process. Attorney Rick Fleming at the Law Offices of James Scott Farrin is a North Carolina Board Certified Specialist in Social Security Disability Law.

2)    Hearing


Claimants who are denied during the reconsideration phase can request a hearing before an Administrative Law Judge (ALJ) outside of the Disability Determination Services (DDS) office. Before the hearing, a person may be asked to give more information about the claim. He or she may also examine the information already in the file and provide more information.

At a hearing, applicants and any witnesses (such as doctors and vocational experts) will be questioned by the judge. The applicant and his/her representative may also question witnesses.

Currently, there is a nationwide backlog of Social Security cases at the hearing level. As of January 2009, the Social Security Administration (SSA) had a backlog of 765,000 hearing requests, and in some states it takes up to 800 days (2.19 years) to schedule a hearing. Processing time for North Carolina cases currently ranges from 13 to 18 months.

However, the wait might be worthwhile. Statistically, 60 percent or more of claimants who have a disability hearing win.

A hearing is tremendously complex, and it is our firm's opinion that it may be highly advisable not to attempt one without an attorney who is recognized by the North Carolina State Bar as a Board Certified Specialist in Social Security Disability Law. A qualified attorney knows how to gather and index medical records, question witnesses and interpret the complex rules and regulations that govern both a court of law and the various Social Security programs. According to the nonprofit National Organization of Social Security Claimants' Representatives (NOSSCR), claimants who employ a qualified attorney to represent them are much more likely to win than those who do not.

3)    Appeals Council


If claimants disagree with the hearing decision, they may request a review by the Social Security Appeals Council, but it may deny that request. If it decides to review the case, it can either decide the case itself or return it to an Administrative Law Judge (ALJ) for further review.

Making a case before an Appeals Council is highly complex, and it is our firm's opinion that it may be advisable not to attempt one with out the help of an attorney who is recognized by the North Carolina State Bar as a Board Certified Specialist in Social Security Disability Law. Attorney Rick Fleming at the Law Offices of James Scott Farrin is a North Carolina Board Certified Specialist in Social Security Disability Law.

4)    Federal Court (District Court; Court of Appeals; US Supreme Court)


Claimants can file a lawsuit in Federal District Court if they disagree with the Appeal Council's decision or if the Appeals Council decides not to review their case.

Making a case before a Federal Court is highly complex, and it is our firm's opinion that it may be advisable not to attempt one with out the help of an attorney who is recognized by the North Carolina State Bar as a Board Certified Specialist in Social Security Disability Law. Attorney Rick Fleming at the Law Offices of James Scott Farrin is a North Carolina Board Certified Specialist in Social Security Disability Law.